The European Commission (EC) once again confirmed in this year's report that the failure to adopt the Law on Legal Recognition of Gender Identity Based on Self-Determination is a serious failure of Montenegro to fulfill its international obligations in the field of human rights protection, said the Spektra Association.
The NGO said that this year's EC report shows that, despite progress in certain chapters, Montenegro still faces unfulfilled obligations within key chapters 23 and 24.
"It emphasizes, among other things, that the Government of Montenegro has not yet adopted the Draft Law on Legal Recognition of Gender Identity Based on Self-Determination, although it has gone through all the necessary steps in the legislative process, as well as consultation with the European Commission," the Spektra Association stated.
As they added, the document highlights that certain obligations are still insufficiently implemented and not aligned with the acquis communautaire of the European Union (EU), and they concern, in addition to the law on self-determination, the law on the prohibition of discrimination and on same-sex life partnerships.
"This EC report once again confirms that the failure to adopt the Law on Legal Recognition of Gender Identity on the Basis of Self-Determination represents a serious failure of the state of Montenegro to fulfill its international obligations in the field of human rights protection," said the Spektra Association.
They explained that the lack of this legal regulation means that some Montenegrin citizens are still forced to go through the process of forced sterilization in order to align their personal documents with their identity.
The Spektra Association said that the only recorded progress in the field of quality of life for LGBTIQ people highlighted in the report was addressing access to hormone therapy for transgender women.
"All this clearly shows that Montenegro cannot be seen as a serious candidate for EU membership if it does not plan to respect the institutions, recommendations, and obligations that protect human rights, democracy, and the rule of law," the statement said.
The Spektra Association said that if Montenegro aspires to be the next EU member, it must provide all its citizens with adequate documents that reflect their personal description and identity, without inhumane coercion such as sterilization, which is a practice confirmed by the Court of Justice of the EU.
"It is time for the Government to finally put an end to this issue, at least, and leave the violent practice of sterilization in the shameful past of our country, before it itself has to answer for such gross violations of human rights before the competent legal institutions," the statement said.
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